Subject to the provisions of §§ 17.36 through 17.38, when an application for hospital care or other medical services, except outpatient dental care, has been filed which requires an adjudication as to service connection or a determination as to any other eligibility prerequisite which cannot immediately be established, the service (including transportation) may be authorized without further delay if it is determined that eligibility for care probably will be established. Tentative eligibility determinations under this section, however, will only be made if:
(a) In emergencies. The applicant needs hospital care or other medical services in emergency circumstances, or
(b) Based on discharge. The application is filed within 6 months after date of discharge under conditions other than dishonorable, and for a veteran who seeks eligibility based on a period of service that began after September 7, 1980, the veteran must meet the applicable minimum service requirements under 38 U.S.C. 5303A.
(Authority: 38 U.S.C. 501, 5303A)
[35 FR 6586, Apr. 24, 1970. Redesignated at 61 FR 21965, May 13, 1996, as amended at 64 FR 54212, Oct. 6, 1999; 78 FR 28142, May 14, 2013]
Notes of Decisions
Walter Lojuk v. Marjorie Quandt, Dir. of the Vets. Admin. Hosp., 706 F.2d 1456 (7th Cir. 1983).
“91V2, 12-110 (requiring recipients of Illinois mental health services to give informed consent before ECT); 38 C.F.R. § 17.34 (requiring informed consent before treatment for a service-connected disability in a VA facility).”
Lojuk v. Johnson, 770 F.2d 619 (7th Cir. 1985).
“Other statutory provisions cited that require consent to be obtained include a federal administrative regulation, 38 C.F.R. § 17.34 (1984), that was not yet promulgated in March 1979, and several Illinois statutes.”
Burchfield v. United States, 750 F. Supp. 1312 (S.D. Miss. 1990).
“§ 41-21-103(6) (1972) (as amended effective July 1, 1984), which the plaintiff argues, is made applicable by inference in 38 C.F.R. § 17.34 (a)(4), we find the following language: Any voluntary admittee may leave a treatment facility after five (5) days, excluding Saturdays,…”
Hatfield v. Collins, 135 F.4th 1362 (Fed. Cir. 2025).
· cites it 3× “That latter construction is embodied in 38 C.F.R. § 17.34 , § 4131’s implementing regulation.”
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